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AfriForum to prosecute former Sars boss Tom Moyane for alleged 'ninja-like' assault

24 October 2019 - 14:01 By Nomahlubi Jordaan
AfriForum's Gerrie Nel is looking to privately prosecute former Sars Commissioner Tom Moyane for allegedly assaulting the mother of his grandchild.
AfriForum's Gerrie Nel is looking to privately prosecute former Sars Commissioner Tom Moyane for allegedly assaulting the mother of his grandchild.

AfriForum confirmed on Thursday that it would privately prosecute former SA Revenue Service (Sars) commissioner Tom Moyane for an alleged “ninja-like” assault on a young woman.

Moyane, in May 2018, allegedly kicked the then 17-year-old mother in the face, “like a ninja”, and “rugby-tackled” her during an argument at a house Weltevreden Park‚ Johannesburg, the Sunday Times reported. The house was owned by Moyane and his wife Thandi.

Advocate Gerrie Nel told a media briefing on Thursday that the organisation was approached by members of the community to prosecute Moyane. 

“We were approached by members of society to assist. We’ve been briefed to prosecute the matter. The incident happened in May 2018. The NPA declined to prosecute 14 days later,” Nel said.

He said AfriForum had obtained a nolle prosequi certificate - a declaration that the NPA would no longer pursue the case - enabling it to conduct a private prosecution.

“Some people are just untouchable. We decided to assist the family and prosecute. We have obtained a certificate. We are going to take steps for Moyane to appear in the Roodepoort magistrate’s court,” said Nel.

A medical report by a doctor at Helen Joseph Hospital dated May 15, according to the 2018 Sunday Times report, indicated that the women had suffered a bruised jaw‚ a cut to the inside of a cheek and a bruised abdomen.

AfriForum also announced that it had served an application on the NPA and justice minister to compel the NPA to decide whether to prosecute EFF leader Julius Malema for alleged corruption, money laundering and racketeering related to the On-Point scandal.

AfriForum said the NPA had delayed, for more than a year, on deciding whether to prosecute Malema.

“It is disconcerting that we must resort to compelling the NPA to do their job. This matter was in the court roll. A senior prosecutor decided to prosecute but there has been no decision by the NPA. I have no intention to embarrass the NPA. We implored them to re-enrol the matter otherwise we’ll take steps,” Nel said.

Nel said AfriForum approached National Director of Public Prosecutions Shamila Batohi to intervene in Malema’s racketeering case.

“When advocate Batohi took office, we requested her to get involved and intervene. Clearly she could not convince people to deal with the matter,” Nel said.

The organisation’s Kallie Kriel said they had also received confirmation that Malema would appear in the Randburg magistrate’s court on November 20 for assault.

SowetanLIVE reported in April 2018 that party leaders were involved in a scuffle over entry to the Fourways Memorial Park in Johannesburg, where Winnie Madikizela-Mandela was being laid to rest after her funeral at Orlando Stadium in Soweto.

“Regarding the discharging of a firearm [at a rally], we’ve received confirmation that the NPA will prosecute [Malema].  He will appear in court on the 27th of November,” said Kriel.

Malema allegedly discharged a firearm at the Sisa Dukashe Stadium at Mdantsane‚ outside East London‚ during the red berets' birthday celebrations in July 2018.

“Malema thinks he is above the law. This is about the credibility of our legal system. If people are not prosecuted, it leads to lawlessness. We need to protect the integrity of the legal system. No one is above the law. If you transgress the law, you should be prosecuted,” Kriel said.

Nel said on Thursday that AfriForum had “successfully pressured” the NPA into prosecuting Malema on these two charges.